Davies, R (on the application of) Royal Borough of Kensington and Chelsea
[2024] EWHC 2711 (Admin)
Joe Cook & Anor, R (on the application of) v Royal Borough of Kensington and Chelsea
16 January 2024
[2024] EWHC 42 (Admin)
High Court
Neighbors sued because a school got permission to build a playground nearby. They said the council messed up the rules about noise and traffic. The judge said the council followed the rules, even if the neighbors didn't like the outcome, and threw out the lawsuit.
Key Facts
- •Claimants sought judicial review of planning permission granted to Thomas's London Day Schools for development of Atlantic House as a new school site.
- •Claimants live near Atlantic House and raised concerns about noise from outdoor play areas.
- •Grounds for judicial review included misinterpretation of noise policies, irrationality in failing to secure noise mitigation, and irrationality in not securing a school street.
- •Permission was granted subject to conditions and a section 106 agreement.
- •Conflicting expert evidence existed regarding noise impact; BAP predicted SOAEL only at 11A Douro Place.
- •The Council's planning officer considered the noise impacts, mitigation measures, and benefits of the school, concluding that the harm was outweighed by the benefits.
Legal Principles
In judicial review of planning decisions, the court does not substitute its judgment for the decision-maker's on planning merits; the exercise of planning judgment and weighing of issues are for the decision-maker.
Seddon Properties Ltd v Secretary of State for the Environment (1981) 42 P & CR 26; Newsmith v Secretary of State for the Environment, Transport and the Regions [2001] EWHC 74 (Admin)
Planning officers' reports are not subject to hypercritical scrutiny; the court will only intervene if the advice materially misled the decision-maker in a way that might have altered the decision.
R (Mansell) v Tonbridge & Malling BC [2019] PTSR 1452
The decision-maker must have regard to the development plan but can depart if material considerations indicate otherwise; the weight given to the development plan and other considerations is for the decision-maker.
City of Edinburgh Council v Secretary of State for Scotland 1998 SC (HL) 33
Planning policies should be interpreted objectively, but they are not statutory texts and require evaluative judgment; the distinction between interpretation and application of policy is crucial.
Tesco Stores Limited v Dundee City Council [2012] UKSC 13; Hopkins Homes Ltd v Secretary of State for Communities and Local Government [2017] UKSC 37; Barker-Mills Estate Trust v Secretary of State for Communities and Local Government [2016] EWHC 3028 (Admin)
Noise policies aim to avoid significant adverse impacts, but this must be considered within the context of sustainable development, balancing noise impacts with economic and social benefits.
Noise Policy Statement for England (NPSE); National Planning Policy Framework (Framework)
A planning authority's inquiry is only inadequate if no reasonable authority could have sufficient material to make a decision.
R (Hayes) v Wychavon DC [2019] PTSR 1163
Outcomes
Renewed application for permission to apply for judicial review on Grounds 2 and 3 refused; claim for judicial review on Ground 1 dismissed.
The Claimants impermissibly sought to substitute their views for the decision-maker's factual assessments and judgments. The planning officer and committee lawfully applied policies, weighed considerations, and made planning judgments. The evidence did not support claims of misinterpretation or serious misleading advice. The Council's decision was not an error of law.
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